Prize Law

Max Planck Encyclopedia of Public International Law, Forthcoming

11 Pages Posted: 5 Jul 2011

See all articles by James Kraska

James Kraska

Stockton Center for International Law, U.S. Naval War College; Harvard University - Harvard Law School; University of California Berkeley School of Law; Council on Foreign Relations (CFR)

Date Written: July 1, 2011

Abstract

Prize law is asserted in connection with belligerent rights during time of war. The doctrine of prize law focuses on balancing the right of neutral nations and neutral nationals (→ Neutrality, Concept and General Rules) to conduct international trade with the right of belligerent warships to interdict and capture shipping, including both vessels and cargo, in the service of the enemy or aiding the enemy (→ Enemies and Enemy Subjects). Since prize law is a function of the law of war, it does not justify impeding shipping or impairing the rights and freedoms of navigation enjoyed by all nations during time of peace (→ Navigation, Freedom of).

Keywords: prize, piracy, privateer, naval warfare, neutrality, law of armed conflict, international law, maritime law, law of the sea, humanitarian law, LOAC

Suggested Citation

Kraska, James, Prize Law (July 1, 2011). Max Planck Encyclopedia of Public International Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1876724 or http://dx.doi.org/10.2139/ssrn.1876724

James Kraska (Contact Author)

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